Publication - FOI/EIR release

Bus and toilet facilities at Jarlshof site in Shetland: FOI release

Information request and response under the Freedom of Information (Scotland) Act 2002.

Published:
5 Jun 2019
Bus and toilet facilities at Jarlshof site in Shetland: FOI release
FOI reference: FOI/19/01221
Date received: 9 May 2019
Date responded: 4 Jun 2019
Information requested

 

Please provide a copy of all (a) correspondence and (b) minutes of meetings and discussions, since January 2016, between the Scottish Government and Historic Environment Scotland regarding bus and toilet facilities at the Jarlshof site in Shetland.

 

Response

 

1. I enclose a copy of some of the information you requested.

2. Whilst our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested. The reasons why we don’t have the information are explained in Annex A to this letter.

3. While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exemption under section 33(i)(b) – disclosure would (or would be likely to) prejudice substantially the commercial interests of any person or organisation - of FOISA applies to that information. Parts of this response are also covered by 38(i)(b) – Personal information. The reasons why these exemptions apply are explained in Annex A to this letter.

 

ANNEX A
REASONS FOR NOT PROVIDING INFORMATION

An exemption applies
An exemption under section 38(i)(b) – Personal information section – and under section 33(1)(b) – disclosure would (or would be likely to) prejudice substantially the commercial interests of any person or organisation - of FOISA applies to some of the information you have requested.

38(i)(b) – Personal information
An exemption under section, s.38(1)(b) Personal information of FOISA applies to some of the information you have requested. This relates to personal data, which if disclosed would contravene data protection regulations.
This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

33(1)(b) – disclosure would (or would be likely to) prejudice substantially the commercial interests of any person or organisation
As some of the information you request contains information which could negatively affect ongoing commercial considerations, it is felt that this information should be withheld.
These exemptions are subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption.
We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. We acknowledge that there is also a public interest in providing information which informs Scottish Government decisions and allows scrutiny of the appropriate use of public funds.
However, we have determined that there is a greater public interest in allowing officials a private space within which to communicate with appropriate stakeholders as part of the process of exploring and refining the Government’s position on operational matters.
Disclosure is likely to undermine the quality of the decision making process, which would not be in the public interest. Additionally, there is also a strong public interest in protecting the Scottish Government’s ability to secure the best value; disclosing certain information would undermine our ability to achieve best value which in turn would not be in the public interest.

 

ANNEX B
INFORMATION RELEVANT TO THE FOI REQUEST

Please see additional Annex (B) attached to this email.

 

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

foi-19-01221 Annex (B)

18 page PDF
284.4 kB

Contact

Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG